Kashmir groups issue statement on PIL challenging Article 35A

More than 25 Kashmir-based organisations, including the Kashmir Chamber of Commerce and Industries (KCCI), the Kashmir Traders and Manufacturers Federation, the Kashmir Economic Alliance, the Kashmir Economic Forum, along with groups such as the JK Hoteliers Club, the House Boat Owners Association, and the Kashmir Valley fruit growers/dealers union recently held a joint press conference. The organisations’ statement said that the conference was “necessitated…to exhibit our unity in protesting the attempted onslaught on our hereditary state subject law.” 

Kashmir Article 35A

The groups’ statement said that “our state subject laws have been under attack” since a PIL was filed by We the Citizens, an RSS-backed NGO, and admitted by the Supreme Court of India. The PIL “challenges the validity” of Article 35A of the Indian Constitution, the groups said, noting that Article 35A “affords a protective shield to the hereditary state subject law of Jammu and Kashmir that is in existence since 1927”. They later added, “History is witness to the fact that Article 35-A was enacted in” the Indian Constitution in 1954, “and since then several petitions were filed by different groups and individuals to challenge this Act.” The statement noted that “all such admissions would get dismissed before their admission by the Supreme Court only because of the prompt and appropriate defense by successive Governments at New Delhi.” This time, however, the groups said that the Government of India has “bizarrely declined to defend their own” Constitutional provision, and has not filed any counter to the PIL. “This speaks volumes about the complicity of GOI in the attempt of removing or tinkering with the Article 35A,” they stated. According to the organisations’ statement, the Supreme Court, after admitting the petition in question, also took cognisance of four other petitions “filed by various groups and individuals and clubbed all these with the main petition”.

The statement, addressing the public, explained that if Article 35A is “removed or tinkered with, then the rights of original citizens of Jammu and Kashmir on their immovable property and other such rights would be taken away and all Indians would be afforded a right to establish their settlements in length and breadth of the state pushing away the original citizens.” It added, “It is pertinent to say that the purpose behind this PIL is devious to change the demographic character of Jammu Kashmir and alter the nature of dispute that is internationally recognized.”

The statement emphasised that “The worry among the citizens of Jammu and Kashmir to resist against the attempted onslaught is very much justified,” later adding, “The powers that be are hereby put on notice to take all necessary steps to get the nefarious PIL…dismissed at the earliest in order to save themselves from its political ramifications and consequences.” The statement said that various organisations have already formulated a strategy “to contest the onslaught,” and that individual groups will follow this strategy until August 6, 2018, which is the date of the hearing. The statement also announced the “full support” of the groups participating in the press conference for the call for a strike on August 5-6. The statement said, “This matter is related to the life and death of the people of Jammu Kashmir and we all are ready to spill our blood to safeguard this law.”

The complete statement from the joint press conference can be read below, along with a list of organisations that participated in the conference: 

This Press Conference has been necessitated today to exhibit our unity in protesting the attempted onslaught on our hereditary state subject law.  We are accompanied by the representatives from cross section of the society comprising the civil society formations including business chambers and federations, transporters, tourism fraternity, horticulturists, industrialists, academia and other social, religious and cultural organizations.

Our state subject laws have been under attack ever since a PIL was filed by RSS backed NGO “We the Citizens” and admitted by the supreme court of India that challenges the validity of Article 35-A of Indian constitution. It needs to be reminded that Article 35-A affords a protective shield to the hereditary state subject law of Jammu and Kashmir that is in existence since 1927. After admission of this petition, the Supreme Court also took cognizance of 4 other petitions filed by various groups and individuals and clubbed all these with the main petition. History is witness to the fact that Article 35-A was enacted in the constitution of India in the year 1954 and since then several petitions were filed by different groups and individuals to challenge this Act. However all such petitions would get dismissed before their admission by the Supreme Court  only because of the prompt and appropriate defense by successive Governments at New Delhi. However,this time a situation has arised when Government of India has bizarrely  declined to defend their own provision of the constitution as it has not filed any Counter to the said PIL. This speaks volumes about the complicity of GOI in the attempt of removing or tinkering with the Article 35 A. 

We wish to inform the general public that if the said Article is removed or tinkered with, then the rights of original citizens of Jammu and Kashmir on their immovable property and other such rights would be taken away and all Indians would be afforded a right to establish their settlements in length and breadth of the state pushing away the original citizens. It is pertinent to say that the purpose behind this PIL is devious to change the demographic character of Jammu Kashmir and alter the nature of dispute that is internationally recognized. 

The worry among the citizens of Jammu and Kashmir to resist against the attempted onslaught is very much justified.  Let us make it amply clear that the hereditary state subject law of Jammu and Kashmir shall be protected at any cost even on the lives of the citizens and no tampering with this law would ever be tolerated. The powers that be are hereby put on notice to take all necessary steps to get the nefarious PIL filed by RSS backed NGO dismissed at the earliest in order to save themselves from its political ramifications and consequences. This matter is related to the life and death of the people of Jammu Kashmir and we all are ready to spill our blood to safeguard this law.   

As we have already stated that the protest of the people of Jammu Kashmir on this issue is in all purposes legal and necessary. Various organizations mentioned hereunder have unanimously charted out a strategy and program to contest the onslaught that has already been communicated and shall be followed by individual organizations initially till 6Th of August 2018, the day of hearing. We also hereby announce our full support to the call of strike given by JRL on 5th and 6th of August 2018. 

Participating organizations of this press conference: 
Kashmir chamber of Commerce and Industries (KCCI)
Kashmir Traders and Manufacturers Federation (KTMF Y)
Kashmir Economic Alliance (KEA Y)
Kashmir Economic Alliance (KEA F)
Kashmir Traders and Manufacturers Federation (KTMF R)
Federation chamber of Industry of Kashmir (FCIK M)
Jammu Kashmir Socio Economic Coordination committee (JKSECC)
Kashmir economic forum (KEF) 
Jammu and Kashmir contractors’ coordination committee 
Kashmir Center for social and development studies (KCSDS)
J & K JCCOPS
Kashmir valley fruit growers/ Dealers union
Western bus service 
Haji-Pir transport company 
Kashmir Motor drivers Association. (KMD)
Western motor transport company
New Kashmir Transport Company
Star Transport Company.
Tourist Taxi Operators Association.
Joint coordination committee of taxi Associations Parimpora 
All Kashmir auto Riskshaw drivers Association.
Kashmir hotel and restaurant association
JK Hoteliers Club
Associated Chamber of commerce and Industries Kashmir (CCIK)
House boat owners Association 
Batamaloo Traders Association.
All traders joint coordination committee Batamaloo.
 

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